Notify Appropriate Parties
When your business experiences a data breach, notify law enforcement, other affected businesses, and affected individuals.
Determine your legal requirements. All states, the
District of Columbia, Puerto Rico, and the Virgin Islands have enacted
legislation requiring notification of security breaches involving
personal information. In addition, depending on the types of information
involved in the breach, there may be other laws or regulations that
apply to your situation. Check state and federal laws or regulations for
any specific requirements for your business.
Notify law enforcement. Call your local police
department immediately. Report your situation and the potential risk for
identity theft. The sooner law enforcement learns about the theft, the
more effective they can be. If your local police aren’t familiar with
investigating information compromises, contact the local office of the
FBI or the U.S. Secret Service. For incidents involving mail theft,
contact the U.S. Postal Inspection Service.
Did the breach involve electronic personal health records? Then
check if you’re covered by the Health Breach Notification Rule. If so,
you must notify the FTC and, in some cases, the media. Complying with the FTC’s Health Breach Notification Rule
explains who you must notify, and when. Also, check if you’re covered
by the HIPAA Breach Notification Rule. If so, you must notify the
Secretary of the U.S. Department of Health and Human Services (HHS) and,
in some cases, the media. HHS’s Breach Notification Rule explains who
you must notify, and when.
| In today's interconnected world, data breaches are an unfortunate reality. Whether it's a sophisticated cyberattack or a simple human error, the unauthorized access to sensitive information can have devastating consequences for individuals and organizations alike. While prevention is paramount, knowing how to respond effectively in the aftermath of a breach is equally critical. A key aspect of that response is data breach reporting. Why is Data Breach Reporting So Important? Data breach reporting is the process of notifying relevant authorities and affected parties about a security incident that has compromised personal or sensitive data. It's more than just an administrative formality; it's a legal obligation in many jurisdictions and has a profound impact on: Protecting Individuals: Prompt reporting allows affected individuals to take necessary steps to mitigate potential harm, such as changing passwords, monitoring their credit reports, and being vigilant against identity theft.Legal Compliance: Numerous laws and regulations, like ...read more |
| Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate. Individual Notice Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information. Covered entities must provide this individual notice in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically. If the covered entity has insufficient or out-of-date contact information for 10 or more individuals, the covered entity must provide substitute individual notice by either posting the notice on the home page of its web site for at least 90 days or by providing the notice in major print or broadcast media where the affected individuals ...read more |
| Think about service providers. If service providers were involved, examine what personal information they can access and decide if you need to change their access privileges. Also, ensure your service providers are taking the necessary steps to make sure another breach does not occur. If your service providers say they have remedied vulnerabilities, verify that they really fixed things. Check your network segmentation. When you set up your network, you likely segmented it so that a breach on one server or in one site could not lead to a breach on another server or site. Work with your forensics experts to analyze whether your segmentation plan was effective in containing the breach. If you need to make any changes, do so now. Work with your forensics experts. Find out if measures such as encryption were enabled when the breach happened. Analyze backup or preserved data. Review logs to determine ...read more |
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Blog Home
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1/21/25 Healthcare Data Breaches and Their Devastating Impact
1/21/25 Your Essential Guide to Data Breach Reporting Procedures
1/21/25 Understanding Your Obligations in Data Breach Reporting
11/16/22 Administrative Requirements and Burden of Proof
11/16/22 Notification by a Business Associat
11/16/22 Breach Notification Requirements
11/16/22 Unsecured Protected Health Information and Guidance
11/16/22 Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals
11/16/22 Definition of Breach
11/16/22 Breach Notification Rule
11/16/22 Notify Individuals
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